FRANCE Court decision
overturns government attempt to deny foreigners' access to lawyers
in transit zones
On 30 November 2011, the NGO ANAFÉ (Association nationale
d'assistance aux frontières pour les étrangers)
was brought to court by the Ministry of Interior in an attempt
to halt the provision of free legal counselling to foreigners
held in transit zones at Roissy airport (Paris, France). A press
release has been issued denouncing the Ministry's attempt "to
conceal the obstacles preventing foreigners accessing their rights
in transit zones".[1] The judge decided, on 4 January 2012,
that the Ministry's action was an impediment to ANAFÉ's
work.

The specificity of transit zones

There are around 90 transit zones in France located at entry
points to French territory, i.e. ports, airports and some train
stations. Transit zones are based on a law dating 6 July 1992,
and are limited to the area between "embarkation and disembarkation
points and checking points". This scope has been widened
twice at the initiative of Nicolas Sarkozy, as the Minister of
Interior and then President of the French Republic. Since 2003,
transit zones have expanded to include areas "close to disembarkation
points", and places where foreigners are supposed to be
brought for the purpose of legal proceedings and assistance (e.g.
courts, medical centres).
In June 2011, additional modifications to the immigration law
under the Minister Eric Besson resulted in the concept of transit
zones being widened to any place where a group of at least ten
foreigners have disembarked irregularly on the French territory.
This can be at the same point or in different points not more
than 10 kilometres away from each other. [2] Such "portative
transit zones" can be open for up to 26 days.

Obstacles to accessing information

Access to information for foreigners is crucial, not least because
transit zones fall under specific legal frameworks where the
application of immigration law differs from other places in France.
Transit zones are a judicial exception to French law whereby
appeal procedures have no suspensive effect, except for asylum
seekers provided appeal is lodged within 24 hours following the
rejection of the asylum application. The possibility of a suspensive
appeal came after the ECHR unanimously condemned France for breaching
the right to legal remedy. [3] Still, this delay remains too
short. Furthermore, asylum applications lodged by foreigners
in transit zones are examined following a fast-track and often
hasty procedure. [4]

Some nationalities are not even permitted access to transit zones
and are directly sent back to their country of origin upon disembarkation,
in violation of the right to seek asylum.

Fifteen associations are currently involved in assisting migrants
in transit zones, following lengthy legal proceedings that challenged
limits on the number of organisations permitted access. Ten of
these organisations are part of ANAFÉ. Since 2004, ANAFÉ
has been granted permanent access to Roissy airport's transit
zone, where more than 90% of refusals for entry permits are decided.

Obstacles to accessing justice

Short delays, hasty procedures and constant obstacles by the
French administration limit the association's ability to provide
information and proper legal support to foreigners.

In 2011, the Minister refused to allow access to transit zones
in Marseille, Mérignac and Nice during a campaign organised
by the Anafé. One staff member of the association even
had the renewal of her annual entry pass to transit zones refused,
a decision which will be subjected to a legal appeal.

ANAFÉ has stated that:

"The resistance shown by the administration, overtly
obstructing the defence of foreigners held and the observatory
mission of ANAFÉ and other associations occurs in the
framework of wider restrictions in France to associations' access
to detention places for foreigners. This contradicts the European
Union's objectives in this field since 2008". [5]

Despite the authorisation given to ANAFÉ to access Roissy's
transit zone, foreigners are not systematically granted access
a lawyer and are subjected to arbitrary decisions they are often
unable to challenge. ANAFÉ therefore decided to ensure
legal assistance at Roissy with pro bono lawyers between 26 September
and 2 October 2011 in order to emphasise the urgent need for
legal support upon arrival in transit zones. [6]

On 29 September 2011,
the president of the Bobigny Tribunal of First Instance answered
positively to ANAFÉ's request for a judicial officer (huissier)
to go to Roissy airport's transit zone and establish the extent
of foreigners' to access their rights whilst detained pending
removal. The huissier was also asked to evaluate the obstacles
placed by the border police force before ANAFÉ during
their work to try and ensure legal support services.

Cast in a bad light by the bailiff's report, the Ministry brought
ANAFÉ before court in November 2011, asking for the invalidation
of the report and demanding 2,500 in compensation.

On 4th January, the Bobigny Tribunal considered, inter alia,
that ANAFÉ's concerns and request for a huissier to assess
the situation and challenge the Ministry's opposition to the
project were legitimate. [7] The Ministry has been ordered to
pay the ANAFÉ 1,500 in order to cover the costs
of the proceedings.

This decision confirms the legitimacy of ANAFÉ's action
with respect to national and European law and casts light on
the ongoing, illegal practice of the French government to apply
a regime of exception to foreigners in transit zones.

&COPY; Statewatch ISSN 1756-851X.
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